1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

1. Basic facts

A. D, E, F, G, H, network I (hereinafter “D, etc.”) are co-owners of each 1/7 shares of JJ 1,100 square meters (hereinafter “instant land”) in Pakistan-si.

B. On January 30, 2012, D, etc. entered into a sales contract with K to the effect that the purchase price for the instant land shall be KRW 1.665 million, but the down payment shall be KRW 50 million on February 2, 2012, and the remainder KRW 1.615 billion shall be paid by July 15, 2012. On February 15, 2012, D, etc. entered into an agreement with K to complete the registration of ownership transfer when the buyer newly constructed a building under the name of the seller before the payment of the remainder and the buyer pays the remainder.

C. On March 1, 2012, D drafted a power of attorney to L, a corporation operated by K under the name of “D and five other”, stating that “A person who sells the instant land and delegates construction and sales to the buyer.”

on March 1, 2012, K entered into a contract for the sale of multi-family housing (OB) constructed on the instant land with M and N, and around that time, K started the construction of three new multi-family housing units on the instant land (hereinafter “instant multi-family housing”) with D et al. as the owner of the building.

E. As between N on September 3, 2013, the Defendant entered into a sales contract with the seller as D with respect to the instant housing among the instant apartment units, and with the sales price of KRW 168,00,000, the down payment of KRW 15,000,000, on the date of the contract, the intermediate payment of KRW 33,000,000,000, on October 20, 2013, and the remainder of KRW 120,000,000, respectively, on December 20, 2013 (hereinafter “instant sales contract”), and thereafter, is residing in the instant housing.

The agreement letter K, etc. waives all the rights to the collective housing of this case, and the construction cost of 80 million won is responsible D, etc.

Before June 23, 2014, the apartment housing of this case was sold in lots by K, etc. and its sales agent.